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Resolution-PC 2003-58• RESOLUTION NO. PC2003-58 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4020, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-68, ADOPTED THEREWITH WHEREAS, on April 27, 1998, the Anaheim City Planning Commission did, by its Resolution No. PC98-68, approve Conditional Use Permit No. 4020 to permit a 450 square foot mobile office trailer in conjunction with an existing fishing concession operation at 4060 East La Palma Avenue; and that said Resolution No. PC98-68 includes the following condition of approval: "3. That this permit shall expire five (5) years from the date of this resolution." WHEREAS, this property is developed as a recreational fishing area with a 450 square-foot mobile office trailer (Santa Ana River Lakes}; that the zoning is Development Area 6(Open Space) of the Northeast Area Specific Plan No. SP94-1; that the Land Use Element of the Anaheim General Plan designates the property for Water uses; and that this property is located in the Project Alpha (Northeast Area) Redevelopment Project Area; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain a 450 square foot mobile office trailer in conjunction with an existing fishing concession operation pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 21, 2003, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear ar,d consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the proposal, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the proposal, as amended, is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the use, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. Tracking No. CUP2003-04675 CR/ps2003-058.doc -1- PC2003-58 • • 7. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC98-68, adopted in connection with Conditional Use Permit No. 4020, to reinstate this Conditional Use Permit, and to amend the conditions of approval in their entirety to read as follows: Propose Condition No. 1 was intentionally deleted at fhe Apri121, 2003 public hearing. 2. Propose Condition No. 2 was intentionally de/eted at the Apri121, 2003 public hearing. That the existing trees planted to screen the approved modular office trailer from La Palma Avenue shall be professionally maintained to provide a continuous visual buffer along the street. 4. That the subject property shall be developed and maintained substantially in accordance with plans - and specifications sabmitted tQ ~he Ei~r of A~aheim by th~ petitioner and-which plans are on file _ with the Planning Department marked Exhibit Nos. 1 and 2; and as conditioned herein. 5. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 6. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 7. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 21, 2003. ATTEST: a~~ ~ ~ CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION . SE IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- PC2003-58 ~ C~ I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 21, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, ROMERO, VANDERBILT ABSENT: COMMISSIONERS: BOYDSTUN ABSTAINED: COMMISSIONERS: KOOS IN WITNESS WHEREOF, I have hereunto set my hand this (~ ~ day of , 2003. ~ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2003-58